Get a personal injury attorney on your case immediately. Don't listen to the other party's insurance company. Don't sign anything without talking to an attorney first. You need to talk ato a few and hire the one you like the best. As soon as possible.
You are breaking the Golden Rule: Never try to settle a claim without a lawyer. Retain a personal injury lawyer to get Maximum Compensation.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
My sense is that Allstate may simply be offering the limits of their policy, in order to close out the case and end it. But, there may be any one of a number of other options. I know this may sound self-serving, or that I'm merely trying to steer business to one of my brethren, but it's precisely these types of cases where effective legal assistance is necessary. Speak to a reputable PI lawyer in your area to assist in this. If you do not know of one, Avvo is a good place to start, since you can check backgrounds, read reviews and gather contact info on a host of lawyers in the Brookfield area. Call a few, make a few appointments, and meet them directly so that you feel comfortable. Most reputable PI attorneys will provide an initial consultation and assessment free of charge.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
This situation can be handled better - way better. Your family needs to stop signing things plan out a strategy with the help of an attorney. Here are some of my specific comments about your situation:
1) There is no reason to settle for just the amount of the hospital bill. Maybe that's what Allstate wants to pay, but you don't have to accept that. We disagree with Allstate quite often on the value of cases. That's what courts are for.
2) I'm not sure exactly what you mean by a release-lien allowing the hospital to get paid. I'd have to see the document to know exactly what's been done. A release of lien is something the hospital signs after they get paid. She may have justed signed an authorization for Allstate to get her medical records - not so bad - or she may have released the whole case. Bad thing to guess at, isn't it?
3) What the hospital rep told you about 15% is not correct. One lienholder can get up to one third, and total liens can get up to 40%. One thing an attorney can do for you in addition to negotiate with Allstate is negotiate with the hosptial. Court is also available to enforce the lien act if they try to get too big a share.
4) I agree that you are looking at a very bad result if the hospital gets paid, the adverse insurance company gets off cheap, and the victim ends up holding the bag. But a better result should be possible.
PLEASE, don't do anything else without legal representation. I would be happy to discuss this with you further, and there are many other excellent Chicago Accident Lawyers on Avvo.
Steven A. Sigmond
Law Office of Steven A. Sigmond
345 N. Canal #1208
Chicago, IL 60606
This involves insurance policy limits, hospital liens, and serious injuries and evil insurance companies, all of which mean you absolutely should have obtained a lawyer.
As my Illinois colleague, Steve Sigmond says, this is too complex to try to parse through alone!
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
This was obviously an accident causing serious injury and you know by now that an experienced personal injury attorney should have been retained from the get go. You've been given some good advice here about the liens and policy limit issues. You also mention State Farm as your insurer: do you know if you have underinsured motorist coverage? Was your daughter in your car? You need a free consultation to discuss : The Allstate policy limit issue; the hospital liens limitations and the possibility of asserting an underinsured motorist claim. Don't let this get any worse. www.galivanlaw.net
Without understanding more about the source of the payments, it is difficult to give you the best advice. You may have some options that you are not considering. In these circumstances, and with the knowledge that the cost to consult an attorney will be minimal here, you should talk with an injury or accident attorney.
The agreement and the guarantee may determine the rights most completely. An attorney should read that over to give you the best help.
A lot of the answers already given are good ones. But none of the lawyers who have responded have said a word about recovering money from the tavern or taverns that got the other motorist drunk. There is a law called "The Illinois Dram Shop Act" under which you can recover about $62,000 for your injuries BEYOND what Allstate is willing to pay. Anyone you support is entitled to up to another $68,000+ for loss of means of support or loss of society under The Act.
Lots of good personal injury lawyers don't know the first thing about this complicated law. However, it can be used to recover way more than the auto insurance available. by someone who knows the ins and outs of it.
Right now, you need an experienced lawyer - no doubt of it. You might want someone in the West suburbs near Brookfield as opposed to somebody downtown. There are Avvo lawyers all over the Chicago area. Look around and choose someone who knows what he is doing. Be sure to stop trying to go it on your own. You are being like the chicken fighting the fox. Soon there won't be any feathers left.
Five Elm Creek, #214
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